Petition No 0099/2025 by D. D. R. (Spanish) on the rule of law in Spain
3 Supporters
Status: Available to supporters
The petitioner expresses his concern about the new legal reform that was presented in the Spanish Parliament by the Government in January 2025. The petitioner argues that the Proposal for an Organic Law on the Guarantee and Protection of Fundamental Rights against harassment arising from abusive legal actions modifies the Penal Code, the Criminal Procedure Law and the Organic Law of the Judiciary. In his views, the proposal focuses on two main points: the restriction of popular action and the introduction of a new cause for recusing judges. He denounces that the reform of the popular accusation seeks to dilute article 125 of the Constitution, which states that "Citizens may exercise popular action and participate in the Administration of Justice through the institution of the Jury, in the manner and with respect to those criminal proceedings that the law determines, as well as in customary and traditional Courts." In his views, the proposed organic law seeks to limit and denature this connection between citizenship and Justice. In relation to the modification of the causes of abstention for judges, he explains that the abstention is preached both in the public sphere – media or social networks – as well as in the private sphere, which introduces a supervision of the judicial power that supposes a total break with the freedom of expression that is preached to any citizen. He explains that despite seeking to link this reform with the recently approved Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024, the Government is doing a manoeuvre that affects the independence of the judiciary to prevent Spanish judges and courts from continuing with the investigation opened into the relatives of the President. In his views, the reform does not seek to protect persons involved in public participation against manifestly unfounded claims or abusive legal actions affecting journalists, NGOs, academics and civil society in the Union.